1992 was the last time the Supreme Court took up a meaningful case on abortion. Since then the court has avoided the issue. Since then pro-life activists finally decided to create laws that challenge Roe v Wade. The law in question is Mississippi’s 15 week abortion ban. And while 15 weeks does not go far enough, it is a challenge nonetheless that is more than thirty plus years of activism.
Is this good?
Pro-life activists seem to be very optimistic about this case. Considering the fact that the Supreme Court needs a threshold of Justices to agree to take up a case, it is likely that there may be enough pro-life Justices to overturn the Court’s precedent, or else they would have refused the case.
Point of order: Supreme Court Justices are politicians. They always have been and always will be. These are political offices. If they were not political offices they would not be appointed and confirmed by politicians. Just like how the Attorney General or the Secretary of State is a politician, so too is a judge. And politicians recognize the political pressures and political expectation around them. That being said, we should hope John Roberts sides with the pro-aborts simply because it is in our best interest for Clarence Thomas to write the majority opinion.
Do we have the votes?
Realistically, we are looking at a 5-4 decision. This decision could uphold, overrule, or modify Roe v Wade. Modification is the likeliest to get a 6-3 or a 5-4. Clarence Thomas and Samuel Alito are the most solid locks on the life issue. Of the Trump Justices, Neil Gorsuch is likeliest to defect. He is an Episcopalian, which is a pro-abortion cult. He also believes in transgenderism. Brett Kavanaugh is the product of Anthony Kennedy, one of the worst to ever sit on the Supreme Court. Kennedy was a pro-abortion Catholic while we know that Kavanaugh is an uber-Catholic. The biggest concern over Kavanaugh has been the fact that he’s a squish. This could change. He could be a pro-life vote. Amy Coney Barrett by multiple accounts is a lock for overturning Roe v Wade. She is the likeliest of the Trump Justices to join Thomas and Alito.
This is a sad reflection on Donald Trump’s appointments. However, perhaps his absence increases their willingness to overturn Roe v Wade. And if Trump appoints the Justices that overturn Roe v Wade, it would be impossible to not consider that a crowning achievement on his legacy. Abortion is America’s worst national sin. And it’s not even close.
There is a chance we could see Roe v Wade overturned or dramatically gutted.